Difference Between Attorney and Lawyer

Difference Between Attorney and Lawyer

Dear Straight Dope:

I would like to know two things:

1. What is the difference between an attorney and a lawyer? According to Webster's they are synonyms--but there has to be more to the story.

2. Why do attorneys/lawyers write on yellow legal pads? And why are the pads longer than the average 8-1/2 x 11?

I guess that's three things ... oh well. Please enlighten me.

— Julia, a budding attorney/lawyer

You know you're on your way to becoming a lawyer when your questions multiply without even thinking about it (either that or you're like a lawyer who recently told me, "I became an attorney because I couldn't do math").

Are lawyer and attorney synonyms? Essentially yes. Around our office we have many other synonyms for lawyer as well, most of them muttered between clenched teeth. But I digress. According to several dictionaries, a lawyer is somebody who can give legal advice and has been trained in the law. An attorney is somebody legally empowered to represent another person, or act on their behalf.

So if you give somebody "power of attorney," that doesn't mean they suddenly become the comic book hero, "Super Litigator," it means they can legally sign papers and make decisions for you in the area in which you've given them that power. In many, perhaps most, cases, lawyers are given power of attorney--but it doesn't have to be that way.

In everyday usage, the terms are virtually synonymous. Indeed, a quick poll of lawyers at my office found none who really thought there was any difference. But if we stick to our dictionary guns, there is a definite distinction.

As a side note, the British have several additional terms for people who practice law. "Lawyer" is a general term describing all of them. "Solicitors" do most of the office work, draft documents, talk to clients, etc., and may only appear as advocates in the lower courts. "Barristers" do most of the trial work, especially in the higher courts, where they are the only ones who may act as advocates. "Attorney" has pretty much the same meaning in Britain as in America--one who acts on behalf of another.

Why use yellow pads? Because they are allegedly (like the use of that lawyerly term?) easier on the eyes than white paper. And for people who have to write and read a lot, it makes sense to use something that's easier on the eyes. Nowadays, though, yellow paper is becoming more difficult to find as many offices switch to white paper, which can be recycled more easily.

What about the long paper? Well, I was going to make the standard cracks about lawyers needing 30% more space than normal folks to say the same thing. But a quick check of Cecil's archives found that not only did he already answer this question (see http://www.straightdope.com/classics/ a3_016.html), but he dissed that joke as well. So never mind. Hmph.

— David B

Related Posts with Thumbnails

STAFF REPORTS ARE WRITTEN BY THE STRAIGHT DOPE SCIENCE ADVISORY BOARD, CECIL'S ONLINE AUXILIARY. THOUGH THE SDSAB DOES ITS BEST, THESE COLUMNS ARE EDITED BY ED ZOTTI, NOT CECIL, SO ACCURACYWISE YOU'D BETTER KEEP YOUR FINGERS CROSSED.

All attorneys are lawyers, but it is improper to say that all lawyers are attorneys.

Everyday, people make use of the words "attorney" and "lawyer" on televisions and newspapers. Sometimes, our family and friends may also talk about their need for a lawyer or attorney. These words are often interpreted to mean the same, but they are actually two different things. Although there is little difference between them, state bar associations consider it very important to use them appropriately, especially in cases where the practice of law is investigated. However, the two words are often interchanged in the United States.

A lawyer is someone who is educated in the law. A person who has been educated in the law will always be addressed as a lawyer, even if he does not give legal advice to other people. In fact, a lawyer in the United States is simply anyone who has gone through law school. However, the lawyer who has just completed his education in law school may not be allowed to do certain jobs until they succeed in the bar exam that is conducted in the specific area they may wish to practice. For instance, a lawyer may work as a technical lawyer by serving as a consultant or policy advisor although he is not empowered to act as a legal representative.

Attorneys are also recognized as lawyers. Attorneys graduate from law school and they can also choose to practice law as a profession. One of the essential steps involved in becoming an attorney is sitting for the bar exam. A potential attorney must pass the bar exam to be eligible to practice law within a specific jurisdiction. Apart from performing the basic functions of a lawyer, attorneys can also act as legal representatives for their clients. An attorney does not just interpret the law; he also applies his knowledge of the law to provide the needs of his client. Attorneys act as lawyers but not all lawyers can perform the work of attorneys.

Another term that is often misunderstood in law is "esquire". The term is an informal title for acknowledging educated people in the UK. Apart from being a title for solicitors and barristers (terms also used in the UK for legal professionals), it is also used to honor doctors and those that have successfully completed their doctorate courses. In the US, "esquire" is mostly used as a title for attorneys. Other people in the US who use the term "esquire" as a title may find themselves in trouble especially if they do the things that are solely reserved for lawyers.

Although it is possible to differentiate these terms, the real meaning of the words can only be appreciated by a lawyer. Many people just feel safe to interchange these terms inasmuch as the lawyer in charge of their case also acts as an attorney.

The following links provide more information for understanding these different legal professions.

What Is a Lawyer (PDF): Information on this page includes the definition of a lawyer, the cost of hiring one, how to get one, what to do after getting a lawyer and what to do if a lawyer does not perform up to one’s expectation.

Lawyer Defined: The page defines the responsibilities of a lawyer in the US and the kinds of law practiced in the country.

Hiring an Attorney: This includes factors to consider when looking for an attorney. Questions to ask a potential one is also included on the page.

Lawyers: Discover the nature of a lawyer’s work, his employment, job outlook and other relevant information.

FAQs about Attorneys: Questions answered on this page include the importance of a lawyer, how to choose one and how to find the juris number of an attorney.

What is a Barrister?: The page has a description of what barristers are and the steps involved in becoming one.

What Barristers Do: Find out the duties of a barrister, how to get one and what it costs to hire one.

Potential Lawyer FAQs: This page is a good resource for people that want to study law. Important attributes that potential lawyers should have are explained on the page.

How to Become an Attorney: There are four steps explained on this page for youths and kids to be acquainted with.

How to Become a Lawyer (PDF): Points discussed on this page include the job description of lawyers, their work environment, carrier outlook, income and educational requirements.

enerally speaking, an attorney, or attorney-at-law, is a person who is a member of the legal profession. An attorney is qualified and licensed to represent a client in court. By most definitions, an attorney may act on the client’s behalf and plead or defend a case in legal proceedings. The English word attorney has French origins, where it meant “a person acting for another as an agent or deputy.” A lawyer, by definition, is someone who is trained in the field of law and provides advice and aid on legal matters. Because a lawyer also conducts suits in court proceedings and represents clients in various legal instances, the term has expanded to overlap the definition of attorney. In the U.S., attorney and lawyer are normally considered synonyms. The term lawyer has Middle English roots.

Source: Google

55 mths ago

their fee!! lol

55 mths ago

Lawyers did LLB - a Legal Degree, Attorneys did B Proc and a Masters in LLB, etc. Advocates even went further.

55 mths ago

I go with Moi's answer.

55 mths ago

Theyre both damn expensive arent they?

55 mths ago

They both rob you blind!!!!

55 mths ago

Answer more Questions in General - 24.com

What do you think of the series Trueblood?

How often do one get burned when playing with fire?

Why do everything good begin with a drink?

Browse more Questions in General - 24.com

What does Via Con Dios mean?

Could the oldies tell me?

Gatkruiping aside, anyone you'd like to take your hat off to?

Vote for more Answers in General - 24.com

Why are homeless people referred to as 'Bums', where does the term come from?

Thumb-o-meter?

Is there an age restriction on claiming UIF if you are still working at 78 and UIF is being deducted from your salary?

OPA

learn it! title

Legal terms

Lawyers

Krista Soenen from Belgium asks:

I’m a student attending an English course in Gent, Belgium. Recently we had a discussion about the correct use and the difference between the following words:

solicitor 

lawyer

attorney

barrister

counsellor

Is there any difference in use?

 

Roger replies: more questions

The word lawyer is a general term and can mean anyone who gives legal advice or believes himself learned in one or more areas of law - it is often used to describe solicitors, barristers, legal executives and others - more often than not it is used to describe the whole legal profession

The traditional legal profession is however divided into solicitors and barristers.

solicitors advise clients and represent them in civil and criminal courts and also deal with business advice wills conveyancing and every area of law - some specialise in specific areas of law and others may be "general practitioners.

barristers (often called counsel) may be junior counsel or Queens counsel (selected for special ability and experience). Their clients are the solicitors who "instruct" them. At one time barristers had sole rights to appear in the High Court and the court of appeal and the house of Lords but this monopoly is now disappearing. 

At one time the solicitor appearing in open court wore a robe but the barrister wore a robe and a horsehair wig, but the wig is now being abolished.

Many thanks to Deborah Daniels, Solicitor, for help compiling this answer.

Attorney is American English word for a British English lawyer. The D.A. or District Attorney is a lawyer in the U.S. who works for the state and prosecutes people on behalf of it. There are also, of course, defense attorneys in America who act on behalf of their clients. Consider the following:

'Nobody wanted the position of district attorney – it was poorly paid in comparison with that of defense attorney.'

(Note that in British English defence is spelt ‘defence’ and not ‘defense’.)

 Miscellaneous

CULTURE

RELIGION

ISLAM

POLITICS

IDEOLOGY

POLITICAL INSTITUTIONS

LEADERS

CAREER & EDUCATION

FASHION & BEAUTY

ENTERTAINMENT

SPORTS

LEGAL

GEOGRAPHY

Technology

SOFTWARE

INTERNET

HARDWARE

PROTOCOLS & FORMATS

COMMUNICATION

INDUSTRIAL

WEB APPLICATIONS

HOUSEHOLD EQUIPMENTS

CAREER AND CERTIFICATIONS

Objects

GADGETS

SMARTPHONES

TABLETS

GAMING

FOOD

PROCESSED FOODS

VEGETABLES & FRUITS

AUTO

Science

HEALTH

DRUGS

DISEASE

DIET & FITNESS

NATURE

ANIMALS

BIRDS

CHEMISTRY

PHYSICS

MATHEMATICS & STATISTICS

BIOLOGY

Language

WORDS

GRAMMAR

Business

FINANCE

ACCOUNTING

PRODUCT & SERVICES

PLANNING & ACTIVITIES

INVESTMENT

MANAGEMENT

ORGANIZATIONS

STRUCTURE & SYSTEMS

ECONOMICS

MARKETING

Difference Between Attorney and Lawyer

 

• Categorized under Business | Difference Between Attorney and Lawyer

lawyer A Lawyer is a person who can provide legal advice and has been trained all about laws.

An Attorney is a person who is legally permitted to represent another person or act in his behalf.  In fact, an attorney is an agent who guides business under authority that is constrained and limited by a written document called a letter, or power of attorney. Attorney at law is an officer of a court of law who is  authorized to represent a person including a client in legal undertaking.

Today, an attorney at law is given permission to practice all the duties of a practicing lawyer.  However, he must have taken law and must have passed the bar exam.

Lawyers hold positions that contain more duties and obligation. They are constrained to comply with a strict code of ethics.  Lawyers take various roles depending on their field of specialization and position that they hold.

A lawyer can act as a supporter or as one who pleads for another or as one who argues for a cause. He/she can also act as an adviser, which means that the lawyer can be the person who notifies, or counsels or gives  direct advice. A lawyer can also be called as an attorney. As a supporter, he/she represents his clients in criminal and civil trials by providing and submitting proofs of evidence.  Lawyer debates in court to support and succor his/her client. As an advisor, lawyer counsels, guides or instructs clients about legal rights, duties and obligations and proposes courses of action both in the business and in personal issues. All lawyers are under license to represent anyone in the court, but there are lawyers who specialized in trial works. These lawyers are trained to conduct research, interview clients and witnesses, and gather related details  in order to prepare for court trials.

A lawyer may also specialize in environmental law, field of intellectual property, and etc.  Nowadays, many lawyers are into private practices.  They focus on criminal law where they represent clients who have been involved in criminal acts.  Some other lawyers  focus on civil law where they help clients in wills, trusts, contracts, and many other matters. Other lawyers may chose to work for legal-aid associations such as private, and nonprofit organizations, in order  to help less fortunate people.

Read more: Difference Between Attorney and Lawyer | Difference Between | Attorney vs Lawyer http://www.differencebetween.net/business/difference-between-attorney-and-lawyer/#ixzz2Z5DXRGaR